Will Virginia Nullify Federal Gun Laws?

Delegate Charles W. Carrico, Sr. has introduced House Bill 69 (HB69) in the Virginia Legislature. The bill, known as the Firearms Freedom Act, “Declares that firearms, firearms accessories, and ammunition made in Virginia and retained within the borders of Virginia are not subject to federal law or regulation under the authority of Congress to regulate interstate commerce.”

As previously reported here, while the FFA’s title focuses on federal gun regulations, it has far more to do with the 10th Amendment’s limit on the power of the federal government. The bills in state houses contain language such as the following:

“federal laws and regulations do not apply to personal firearms, firearm accessories, or ammunition that is manufactured in [this state] and remains in [state]. The limitation on federal law and regulation stated in this bill applies to a firearm, a firearm accessory, or ammunition that is manufactured using basic materials and that can be manufactured without the inclusion of any significant parts imported into this state.”

The Virginia House of Delegates is back in session on January 13, 2010.

12 thoughts on “Will Virginia Nullify Federal Gun Laws?”

Nullification sounds fine in theory, but how could it possibly hold up in actual practice? How would Virginia prevent locally produced and purchased firearms and ammunition from being exported to neighboring states? Failure to do so, and vigorously will lead to endless civil lawsuits by those outside Virginia who are affected by illegally exported arms against the state itself.

How do they plan to test this law? Is the state going to keep the gun store owners and manufacturers from being arrested by the feds when they produce and sell these arms without a federal license to do so? Is the state going to let these people be arrested and have there lives ruined and have them go through a federal court to test if this is good law? I am for local laws preempting federal law but I dont know if I like how this will have to play out.